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Allahabad High Court

RAVIKANTversusState of UP AND 3 OTHERS

Decided

Holding

A writ petition challenging an FIR is not maintainable once the charge‑sheet has been filed.

Summary

The petitioners filed a criminal miscellaneous writ petition in the Allahabad High Court challenging the registration of an FIR against them. The State, represented by the Additional Government Advocate, submitted an office report dated 22‑04‑2026 indicating that the police had already filed a charge‑sheet. The Court noted that once a charge‑sheet is filed, the FIR is no longer a live subject of judicial scrutiny under a writ petition. Consequently, the judges held that the petition was premature and could not be entertained. The writ petition was therefore dismissed and consigned to the record, with a direction that the petitioners may pursue any other remedy available under law. The decision underscores the principle that writ jurisdiction does not extend to reviewing FIRs after a charge‑sheet has been filed.

Issues considered

  • Whether a writ petition challenging an FIR can be entertained after the filing of a charge‑sheet

Subjects

  • writ petition
  • FIR
  • charge sheet
  • criminal procedure
  • High Court

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                  CRIMINAL MISC. WRIT PETITION No. - 21420 of 2024

                                    Ravikant
                                                                                                .....Petitioner(s)
                                                                       Versus

                                    State Of Up And 3 Others
                                                                                             .....Respondent(s)

                                    Counsel for Petitioner(s)         : Kanhaiya Mishra, Sandeep Tripathi
                                    Counsel for Respondent(s)         : Arvind Prabodh Dubey, G.A.

                                    Court No. - 42
                                                     HON'BLE SIDDHARTHA VARMA, J.
                                                     HON'BLE JAI KRISHNA UPADHYAY, J.

                                    1. Case is taken up in the revised call. No one is present for the
                                    petitioner(s). Learned AGA is present for the State.

                                    2. We have perused the office report dated 22.04.2026 which is quoted as
                                    below :-

                                    "As per report submitted by the Legal Cell, O/o Director General of
                                    Police, U.P., the charge sheet has been filed."

                                    3. In view of the fact that charge-sheet has already been submitted and
                                    since the writ petition is challenging the FIR, we are of the view that the
                                    writ petition be dismissed and it be consigned to record.

                                    4. The writ petition is, accordingly, dismissed. The petitioner(s) may avail
                                    such remedy as might be available under law.


                                                           (Jai Krishna Upadhyay,J.) (Siddhartha Varma,J.)
                                    April 23, 2026
                                    M.S. Ansari




Digitally signed by :-
MOHD SAQIB ANSARI
High Court of Judicature at Allahabad


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